1. TurboTax /
  2. Tax Calculators & Tips /
  3. Tax Tips Guides & Videos /
  4. IRS Tax Return /
  5. Using an ITIN? How the PATH Act May Affect Its Expiration Date

Using an ITIN? How the PATH Act May Affect Its Expiration Date

Updated for Tax Year 2018


OVERVIEW

The Protecting Americans from Tax Hikes (PATH) Act affects taxpayers who use an Individual Taxpayer Identification Number (ITIN), rather than a Social Security number, to file their tax returns. If you use an ITIN, it will expire unless you used it at least once during the previous three-year period. Even certain ITIN holders who have used their taxpayer identification number in the past three years may need to get a new ITIN if it’s older. Check the expiration rules below to see if the new expiration rules under the PATH Act affect you.


The Three-Year Rule

Couple on laptop

You have three consecutive years to use your ITIN at least once on a federal tax return—as a filer or as a dependent—before it expires due to nonuse. For example, if you applied for and received your ITIN in 2014 and used it to file 2014 federal taxes, but did not use it to file your 2015, 2016, or 2017 federal income taxes, your ITIN would expire on the final day of the third consecutive year (in this case, December 31, 2018).

This three-year rule of expiration for nonuse affects ITINs regardless of when they were issued.

Rules for ITINs Issued Before 2013

Older ITINs expire on a rolling basis over the next few years, depending on when they were issued even if they were used to file taxes within the past three years. Here's the expiration schedule for ITINs issued before 2013:

  • ITINs issued before 2008 have already expired
  • ITINs issued in 2008 expire on January 1, 2018
  • ITINs issued in 2009 and 2010 expire on January 1, 2019
  • ITINs issued in 2011 and 2012 expire on January 1, 2020

Review Before You Renew

ITINs with middle digits "78" or "79" expired January 1, 2017 as a result of the PATH Act.

  • An ITIN has nine digits and is formatted: 9XX-XX-XXXX.
  • If your ITIN has a "78 "or "79" in the middle of it, it expired on January 1, 2017.
  • This expiration date also applies to dependents with ITINs that have fourth and fifth digits, or middle digits "78" and "79."

Taxpayers who have not used their ITIN to file a federal return at least once in the last three years will see their number expire Dec. 31, 2018. ITINs with middle digits 73, 74, 75, 76, 77, 81 or 82 will also expire at the end of 2018. These taxpayers should renew their ITIN if they will have a filing requirement in 2019 for the 2018 tax year.

The IRS began to send letters to ITIN holders with these middle digits in the summer of 2018 to notify them of the impending expiration. If you are one of these ITIN holders and haven't submitted a renewal application, IRS Form W-7, you can wait until you file your federal tax return and submit both documents at the same time.

ITINs that do not a middle digit of 73, 74, 75, 76, 77, 81 or 82 AND were used on a tax return for tax years 2015, 2016, or 2017 will not expire.

Renew your ITIN if necessary. If you do not renew an expiring or expired ITIN, the IRS can still accept your tax return, but it may delay processing it, which can impact when you get your tax refund. Expiration can also delay tax credits owed to you, such as the Child Tax Credit and the American Opportunity Tax Credit.

All you need to know is yourself

Just answer simple questions about your life, and TurboTax Federal Free will take care of the rest.

For only $0.00*
Start for Free

Looking for more information?

* Important Offer Details and Disclosures
  • TURBOTAX ONLINE/MOBILE

  • Try for Free/Pay When You File: TurboTax online and mobile pricing is based on your tax situation and varies by product. Absolute Zero $0 federal (forms 1040EZ/1040A) + $0 state limited time offer only available with TurboTax Free Edition; offer may change or end at any time without notice. Actual prices are determined at the time of print or e-file and are subject to change without notice. Savings and price comparisons based on anticipated price increase. Special discount offers may not be valid for mobile in-app purchases.
  • QuickBooks Self-Employed Offer with TurboTax Self-Employed and TurboTax Live for Extension Filers: To receive your complimentary subscription to QuickBooks Self-Employed through 10/31/19, you must pay for your 2017 TurboTax Self-Employed or TurboTax Live return between 4/18/18 and 10/15/18 and sign-in and access your QuickBooks Self-Employed account via mobile app or at https://selfemployed.intuit.com/turbotax at least twice by 12/31/18. You will have the option of renewing your QuickBooks Self-Employed subscription by 10/31/19 for another year at the then-current subscription rate. You may cancel your subscription at any time from within the QuickBooks Self-Employed billing section. See QuickBooks.com for price comparison. Offer not valid for existing QuickBooks Self-Employed subscribers already on a paid subscription.
  • Pays for itself (TurboTax Self-Employed): Estimates based on deductible business expenses calculated at the self-employment tax income rate (15.3%) for tax year 2017. Actual results will vary based on your tax situation.
  • Anytime, anywhere: Internet access required; standard data rates apply to download and use mobile app.
  • Fastest refund possible: Fastest tax refund with e-file and direct deposit; tax refund time frames will vary.
  • TurboTax Live Reviews: Displayed reviews are for the TurboTax Live standalone service from Tax Year 2017 and not for the new Turbo Tax product / TurboTax Live bundle available for Tax Year 2018.
  • Pay for TurboTax out of your federal refund: A $X.XX Refund Processing Service fee applies to this payment method. Prices are subject to change without notice.
  • TurboTax Help and Support: Access to a TurboTax specialist is included with TurboTax Deluxe, Premier, Self-Employed and TurboTax Live; not included with Free Edition (but is available as an upgrade). TurboTax specialists are available to provide general customer help and support using the TurboTax product. SmartLook on-screen help is available on a PC, laptop or the TurboTax mobile app. Service, area of expertise, experience levels, wait times, hours of operation and availability vary, and are subject to restriction and change without notice.
  • Tax Advice, Expert Review and TurboTax Live: Access to tax advice and Expert Review (the ability to have a Tax Expert review and/or sign your tax return) is included with TurboTax Live or as an upgrade from another version, and available through October 15, 2018. These services are provided only by credentialed CPAs, EAs or tax attorneys. State tax advice is free. Some tax topics or situations may not be included as part of this service, which shall be determined in the tax expert’s sole discretion. In the event your return is reviewed by a tax expert and requires a significant level of tax advice or actual preparation, the tax expert may be required to sign your return as the preparer at which point they will assume primary responsibility for the preparation of your return. Expert Review [and TurboTax Live] not available on the TurboTax mobile app or when using a web browser on your mobile phone. On-screen help is available on a PC, laptop or the TurboTax mobile app. Service, area of expertise, experience levels, wait times, hours of operation and availability vary, and are subject to restriction and change without notice.
  • Tax Return Access and My Docs features: Included with TurboTax Deluxe, Premier, Self-Employed, TurboTax Live or with PLUS benefits. Access to all tax-related documents we have on file for you is available through 10/31/2019. Terms and conditions may vary and are subject to change without notice.
  • #1 best-selling tax software: Based on aggregated sales data for all tax year 2016 TurboTax products.
  • Most Popular: TurboTax Deluxe is our most popular product among TurboTax Online users with more complex tax situations.
  • CompleteCheck: Covered under the TurboTax accurate calculations and maximum refund guarantees.
  • #1 rated online tax prep provider: Based on independent comparison of the best online tax software by TopTenReviews.com March 13, 2017.
  • Get tips based on your tax and credit data to help get you to where you want to be: Tax and credit data accessed upon your consent.
  • The tax reform consulting promotion is a free offer subject to cancellation at any time without notice. The promotion is limited to one 15min consultation per person with a tax expert. The consult will be solely for the purpose of explaining the impacts of tax reform, the tax expert will not give advice or tax prep guidance on prior year taxes.
  • TURBOTAX GUARANTEES

  • 100% Accurate Calculations Guarantee: If you pay an IRS or state penalty or interest because of a TurboTax calculation error, we’ll pay you the penalty and interest.
  • Maximum Refund Guarantee - or Your Money Back: If you get a larger refund or smaller tax due from another tax preparation method, we'll refund the applicable TurboTax federal and/or state purchase price paid. TurboTax Online Free Edition customers are entitled to payment of $14.99 and a refund of your state purchase price paid.
  • 100% Accurate, Expert Approved Guarantee: If you pay an IRS or state penalty (or interest) because of an error that a TurboTax CPA or EA made while signing your return, we’ll pay you the penalty and interest. We’ll also amend your return at no additional cost.
  • Audit Support Guarantee: If you received an audit letter based on your 2017 TurboTax return and are not satisfied with how we responded to your inquiry, we’ll refund the applicable TurboTax federal 1040 and/or state purchase price you paid. TurboTax Free Edition customers are entitled to payment of $14.99 and a refund of your state purchase price paid. We will not represent you or provide legal advice. Excludes TurboTax Business.
  • Satisfaction Guaranteed:
    • If you use TurboTax Online or Mobile: Satisfaction Guaranteed — or you don't pay. You may use TurboTax Online without charge up to the point you decide to print or electronically file your tax return. Printing or electronically filing your return reflects your satisfaction with TurboTax Online, at which time you will be required to pay or register for the product.
    • If you bought or downloaded TurboTax from a retailer: Try TurboTax software. If you're not satisfied, return it to Intuit within 60 days of purchase with your dated receipt for a full refund.
    • If you bought or downloaded TurboTax directly from us: Try TurboTax software. If you're not satisfied, return it within 60 days of shipment with your dated receipt for a full refund (excluding shipping & handling).
  • TURBOTAX CD/DOWNLOAD SOFTWARE

  • TurboTax CD/Download products: Price includes tax preparation and printing of federal tax returns and free federal e-file of up to 5 federal tax returns. Additional fees apply for e-filing state returns. E-file fees do not apply to New York state returns. Savings and price comparison based on anticipated price increase. Prices subject to change without notice.
  • Fastest refund possible: Fastest tax refund with e-file and direct deposit; tax refund time frames will vary.
  • Pay for TurboTax out of your federal refund: A $X.XX Refund Processing Service fee applies to this payment method. Prices are subject to change without notice. This benefit is available with TurboTax Federal products except TurboTax Business.
  • About our TurboTax Product Experts: Customer service and product support vary by time of year.
  • #1 best-selling tax software: Based on aggregated sales data for all tax year 2017 TurboTax products.
  • Data Import: Imports financial data from participating companies; may require a free Intuit online account. Quicken and QuickBooks import not available with TurboTax installed on a Mac. Imports from Quicken (2016 and higher) and QuickBooks Desktop (2014 and higher); both Windows only. Quicken import not available for TurboTax Business. Quicken products provided by Quicken Inc., Quicken import subject to change.